Bill S1681A-2011

Clarifies the qualification of member items, authorizes the review of violations of the qualification of member items, and requiring that member items be fully itemized

Clarifies the appropriation and qualification of member items; authorizes the legislative ethics commission to review violations of the qualification of member items, and requires that all member items be fully itemized.

Actions

Jan 25, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Apr 15, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

Jan 11, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S1681A

TITLE OF BILL: An act to amend the legislative law, in relation to clarifying the appropriation and qualification of member items and authorizes the legislative ethics commission to review violations of the qualification of member items; and to amend the state finance law, in relation to requiring that all member items be fully itemized

PURPOSE OR GENERAL IDEA OF BILL: To prevent conflicts of interest in the distribution of member item funds, increase transparency of the member item process, and ensure that member item funds are used efficiently.

SUMMARY OF SPECIFIC PROVISIONS: * Defines the term "member item"

* provides that no member item shall be distributed when a conflict of interest exists between the legislator or the governor designating the member item and the potential recipient.

* Defines the term "conflict of interest."

* Requires each legislator or governor to sign a conflict of interest form under perjury of law.

* provides that each member of the assembly and senate shall receive the same allocation as the other members in their respective house.

* Provides that any state agency providing funding for member items evaluate the spending by the recipient to ensure that the money is being used for its intended purpose.

* Establishes detailed criteria to be followed when distributing member items.

* Requires recipients of a member item totaling $50,000 or more to file a final report with the New York state Attorney General

* Prior to submitting an application for a member item, potential recipients must meet pre-clearance standards as established by the Attorney General.

* All member items shall be listed separate and apart from the entire state budget.

JUSTIFICATION: Currently, the member item process is neither equitable, open or efficient. This bill would add fairness, transparency, and accountability to a broken system. Clearly, the process is unfair; some legislators receive large amounts of funding for their districts, while others receive little or no funding. There is no rational basis for this system. Furthermore, the current system does not take adequate measures to ensure that member item funds are used appropriately. This bill would go to great lengths to establish

standards to ensure that member item funds are used effectively for projects that have a public purpose. Finally, the bill would seek to make the member item process more open by requiring Publication of important member item information at least 24 hours prior to the approval of the state budget.

We should hold ourselves, and our colleagues, accountable to the residents of New York. Member items are paid for with taxpayer money. The current member item system is full of waste and scandal. This legislation would help fix the broken system. It is particularly important now, with the state facing a fiscal crisis, that we insist on integrity of the member item process.

Text

STATE OF NEW YORK
________________________________________________________________________
1681--A
2011-2012 Regular Sessions
IN SENATE
January 11, 2011
___________

Introduced by Sens. SERRANO, BONACIC, BRESLIN, DeFRANCISCO, GRIFFO,
KRUEGER, LITTLE, OPPENHEIMER, PERALTA, RIVERA, SALAND, SEWARD, SQUA-
DRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations -- recommitted to the Committee on Investi-
gations and Government Operations in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the legislative law, in relation to clarifying the
appropriation and qualification of member items and authorizes the
legislative ethics commission to review violations of the qualifica-
tion of member items; and to amend the state finance law, in relation
to requiring that all member items be fully itemized
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislative law is amended by adding a new section 54-c
to read as follows:
S 54-C. MEMBER ITEMS. 1. AS USED IN THIS SECTION, THE TERM "MEMBER
ITEM" SHALL MEAN A BUDGETARY ALLOCATION AS FUNDED BY THE LEGISLATIVE
COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-U OF THE STATE
FINANCE LAW, AND THE EXECUTIVE COMMUNITY PROJECTS FUND AS DEFINED IN
SECTION NINETY-NINE-V OF THE STATE FINANCE LAW AT THE DISCRETION AND
REQUEST OF THE GOVERNOR OR A MEMBER OF THE LEGISLATURE FOR A CERTIFIED
TAX-EXEMPT NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTER-
NAL REVENUE CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR
THEIR AFFILIATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT.
2. MEMBER ITEMS SHALL NOT BE APPROPRIATED WHEN A CONFLICT OF INTEREST
EXISTS BETWEEN THE LEGISLATOR OR GOVERNOR DESIGNATING THE MEMBER ITEM
AND THE POTENTIAL RECIPIENT. A MEMBER ITEM CANNOT FUND ORGANIZATIONS
THAT EMPLOY OR OTHERWISE COMPENSATE THE LEGISLATOR OR GOVERNOR, A MEMBER
OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING THE HOME OF

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00290-02-2

S. 1681--A 2

THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S
STAFF FOR SERVICES OR LABOR RENDERED. FURTHERMORE, LEGISLATORS AND THE
GOVERNOR SHALL NOT DESIGNATE MEMBER ITEMS IF THE LEGISLATOR OR GOVERNOR,
A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING
THE HOME OF THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S
OR GOVERNOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF THE ORGANIZATION
IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO WORKING ON AN
UNPAID, VOLUNTEER BASIS OR A MEMBER OF THE DIRECTING BOARD OF AN ORGAN-
IZATION.
3. PRIOR TO THE APPROPRIATION OF MEMBER ITEMS, THE LEGISLATURE SHALL:
(A) PROVIDE THAT EACH MEMBER OF THE SENATE AND EACH MEMBER OF THE
ASSEMBLY RECEIVE AN EQUAL SHARE OF THE DOLLAR AMOUNT OF MEMBER ITEMS
ALLOCATED TO THE RESPECTIVE LEGISLATIVE BODY;
(B) REQUIRE THE LEGISLATOR OR GOVERNOR REQUESTING SUCH MEMBER ITEM TO
SUBMIT A SIGNED CONFLICT OF INTEREST FORM ALONG WITH THE MEMBER ITEM
REQUEST FORM TO ENSURE THAT NO CONFLICT OF INTEREST EXISTS. THE LEGISLA-
TOR OR GOVERNOR SHALL DISCLOSE ON THE CONFLICT OF INTEREST FORM ALL
POLITICAL DONATIONS HE OR SHE IS RECEIVING OR HAS RECEIVED IN THE PAST
FROM THE INTENDED RECIPIENT OF THE MEMBER ITEM FUNDING. SUCH A CONFLICT
OF INTEREST FORM SHALL BE SIGNED BY THE LEGISLATOR OR GOVERNOR UNDER
PENALTY OF PERJURY, STATING THAT THE MEMBER ITEM IS NOT BEING DIRECTED
IN A MANNER DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
(C) PROVIDE THAT ANY STATE AGENCY THAT PROVIDES FUNDING FOR MEMBER
ITEMS EVALUATE THE SPENDING OF SUCH MEMBER ITEM FUNDS BY THE LOCAL
PROJECT, ORGANIZATION OR OTHER ENTITY RECEIVING SUCH FUNDS. THE STATE
AGENCY SHALL TRACK THE FUNDS TO ENSURE THAT THEY ARE BEING SPENT IN A
MANNER CONSISTENT WITH THE MEMBER ITEM APPLICATION;
(D) ENSURE THAT THE FOLLOWING CRITERIA ARE SATISFIED:
(1) GRANTS ARE TO BE DESIGNATED FOR PUBLIC PURPOSES. THE PROGRAM
FUNDED MUST BE OPEN AND AVAILABLE TO ALL INDIVIDUALS ON A NONSECTARIAN
BASIS;
(2) GRANTS ARE PROVIDED IN SUPPORT OF SERVICES AND ACTIVITIES THAT
HAVE STATEWIDE BENEFIT OR BENEFIT LOCAL COMMUNITIES;
(3) GRANTS ARE ONLY DESIGNATED FOR NOT-FOR-PROFIT ORGANIZATIONS, MUNI-
CIPALITIES OR THEIR AFFILIATED DEPARTMENTS/AGENCIES, UNIVERSITIES,
COLLEGES, OR SCHOOL DISTRICTS;
(4) GRANTS ARE AVAILABLE SOLELY FOR ACTIVITIES AND PROGRAMS CONDUCTED
WITHIN THE STATE OF NEW YORK;
(5) GRANTS ARE NOT TO BE REDISTRIBUTED UNLESS THE GRANT RECIPIENT IS
IDENTIFIED AND THE GRANT TO THE END RECIPIENT COMPLIES WITH THE CRITE-
RIA;
(6) GRANTS ARE TO BE USED ONLY FOR THE PURPOSE STATED IN THE FUNDING
REQUEST;
(7) GRANTS ARE NOT TO BE USED TO FUND LOAN PROGRAMS;
(8) GRANTS ARE NOT TO BE USED FOR THE FOLLOWING PURPOSES: (A) TO FUND
AN ENTITY IN BANKRUPTCY, RECEIVERSHIP, OR FORECLOSURE OR TO FUND LEGAL
OR ADMINISTRATIVE EXPENSES RELATED TO BANKRUPTCY, RECEIVERSHIP OR FORE-
CLOSURE PROCEEDINGS; (B) TO PAY FOR ANY ARREARS IN WORKERS' COMPEN-
SATION, UNEMPLOYMENT INSURANCE OR OTHER EMPLOYEE BENEFITS; OR (C) TO PAY
FOR ANY ARREARS OR CURRENT OBLIGATIONS FOR FEDERAL, STATE, OR MUNICIPAL
TAXES; FOR LOBBYING ACTIVITIES AS DEFINED UNDER SECTION ONE-C OF THIS
CHAPTER AND COMPARABLE SECTIONS OF FEDERAL OR MUNICIPAL LAW;
(9) GRANTS ARE NOT TO BE THE ONLY SIGNIFICANT SOURCE OF FUNDING FOR
THE ORGANIZATION;
(10) GRANT APPLICATIONS SHALL INCLUDE A BRIEF DESCRIPTION OF THE
PROJECT TO BE FUNDED; AND

S. 1681--A 3

(11) GRANTS SHALL NOT BE USED BY RECIPIENTS TO PAY WAGES OR OTHER
EMPLOYEE BENEFITS.
(E) AT LEAST TWENTY-FOUR HOURS PRIOR TO APPROVAL BY THE LEGISLATURE OF
THE STATE BUDGET, THE LEGISLATURE MUST MAKE PUBLIC WITH RESPECT TO EACH
MEMBER ITEM, THE MEMBER OF THE SENATE, THE MEMBER OF THE ASSEMBLY OR THE
GOVERNOR SPONSORING THE MEMBER ITEM, THE DOLLAR AMOUNT OF THE MEMBER
ITEM TO BE APPROPRIATED, AND THE NAME OF THE LOCAL PROJECT, ORGANIZATION
OR OTHER ENTITY RECEIVING SUCH MEMBER ITEM. SUCH PUBLICATION SHALL, AT A
MINIMUM, BE MADE ON THE WEBSITE OF EACH HOUSE OF THE LEGISLATURE IN A
MANNER THAT IS EASILY ACCESSIBLE.
4. ALL MEMBER ITEM ALLOCATION RECIPIENTS SHALL PROVIDE CERTIFICATION
OF PROPER USE OF FUNDS RECEIVED. FOR ALLOCATIONS TOTALING LESS THAN
FIFTY THOUSAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER
ITEM RECIPIENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT
THE RECIPIENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN
THE MANNER AND FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A
MEMBER ITEM ALLOCATION. FOR ALLOCATIONS TOTALING MORE THAN FIFTY THOU-
SAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER ITEM RECIP-
IENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT THE RECIPI-
ENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN THE
MANNER AND FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A MEMBER
ITEM ALLOCATION AND SHALL FILE A FINAL REPORT, UNDER PENALTY OF PERJURY,
DETAILING THE EXPENDITURES. SUCH REPORT SHALL BE SUBMITTED BY MAY THIR-
TY-FIRST OF THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE
MEMBER ITEM WAS ALLOCATED AND SHALL FOLLOW THE REQUIREMENTS ESTABLISHED
BY THE ATTORNEY GENERAL. NO FUTURE MEMBER ITEM GRANTS SHALL BE APPROVED
FOR AN ORGANIZATION WHICH HAS PREVIOUSLY RECEIVED A MEMBER ITEM ALLO-
CATION UNTIL SUCH DOCUMENTS HAVE BEEN SIGNED AND RECEIVED BY THE OFFICE
OF THE NEW YORK STATE ATTORNEY GENERAL.
5. PRIOR TO SUBMITTING AN APPLICATION FOR A MEMBER ITEM ALLOCATION,
EACH ORGANIZATION SEEKING A MEMBER ITEM ALLOCATION MUST MEET PRE-CERTI-
FICATION STANDARDS AS ESTABLISHED BY THE OFFICE OF THE NEW YORK STATE
ATTORNEY GENERAL. AT A MINIMUM, THOSE STANDARDS SHALL REQUIRE THAT THE
ORGANIZATION SEEKING PRE-CERTIFICATION IS A CERTIFIED TAX-EXEMPT
NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR THEIR AFFIL-
IATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT CAPABLE OF
ACCEPTING POTENTIAL FUNDING AND THAT SUCH ENTITY IS NOT IN BANKRUPTCY OR
ARREARS ON ANY OBLIGATIONS. IF AN ORGANIZATION HAS RECEIVED MEMBER ITEM
FUNDING IN THE PAST, THE ORGANIZATION SHALL ALSO COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION. NO APPLICATION FROM
ANY ORGANIZATION SHALL BE CONSIDERED BY A LEGISLATOR UNTIL THE OFFICE OF
THE NEW YORK STATE ATTORNEY GENERAL HAS CERTIFIED SUCH ORGANIZATION
BASED UPON THE CRITERIA SET FORTH IN THIS SUBDIVISION AND UPON ANY ADDI-
TIONAL REGULATORY STANDARDS ESTABLISHED BY THE ATTORNEY GENERAL.
6. ANY STATE AGENCY THAT PROVIDES FUNDING FOR MEMBER ITEMS SHALL
REVIEW MEMBER ITEM SPENDING ON AN ANNUAL BASIS AND PERIODICALLY REVIEW
GRANT RECIPIENTS' USE OF GRANT MONEY.
7. ANY MEMBER ITEM APPROPRIATED BY THE LEGISLATURE SHALL BE SET FORTH
SEPARATELY AND APART FROM EVERY OTHER MEMBER ITEM IN THE STATE BUDGET IN
ORDER TO CLEARLY IDENTIFY EACH LEGISLATOR'S OR GOVERNOR'S REQUEST.
8. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE REFERRED
TO THE LEGISLATIVE ETHICS COMMISSION OR ITS SUCCESSOR ENTITY.
COMPLAINTS REGARDING THE FAILURE OF AN ALLOCATION OR USE OF A MEMBER
ITEM TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO
(A) THE LEGISLATIVE ETHICS COMMISSION WITH REGARD TO A MEMBER ITEM ALLO-

S. 1681--A 4

CATION MADE AT THE DISCRETION OF A LEGISLATOR, OR (B) THE COMMISSION ON
PUBLIC INTEGRITY WITH REGARD TO A MEMBER ITEM ALLOCATION MADE AT THE
DISCRETION OF THE GOVERNOR. EACH COMPLAINT SHALL BE INVESTIGATED IN
ACCORDANCE WITH THE RULES AND PROCEDURES OF THE COMMISSION RECEIVING THE
COMPLAINT.
S 2. Subdivisions 4 and 5 of section 24 of the state finance law, as
added by chapter 1 of the laws of 2007, are amended to read as follows:
4. Any appropriation added to such budget bills, pursuant to section
four of article seven of the constitution, shall only contain itemized
appropriations which shall not be in the form of lump sum appropri-
ations[,] AND SHALL DESIGNATE FOR EACH APPROPRIATION A GRANTEE OF SUCH
APPROPRIATION, and [provided further that] for all non-federal state
operations appropriations, such bill or bills shall only contain item-
ized appropriations and shall be made, where practicable, by agency, and
within each agency by program and within each program at the following
level of detail and in the following order:
(a) by fund type, which at a minimum shall include general fund,
special revenue-other funds, capital projects funds and debt service
funds;
(b) for personal service appropriations, separate appropriations shall
be made for regular personal service, temporary personal service, and
holiday and overtime pay;
(c) for nonpersonal service appropriations, separate appropriations
shall be made for supplies and materials, travel, contractual services,
equipment and fringe benefits, as appropriate.
5. [Any appropriation added pursuant to section four of article seven
of the constitution without designating a grantee shall be allocated
only pursuant to a plan setting forth an itemized list of grantees with
the amount to be received by each, or the methodology for allocating
such appropriation. Such plan shall be subject to the approval of the
chair of the senate finance committee, the chair of the assembly ways
and means committee, and the director of the budget, and thereafter
shall be included in a concurrent resolution calling for the expenditure
of such monies, which resolution must be approved by a majority vote of
all members elected to each house upon a roll call vote.] THE PROVISIONS
OF THIS SECTION SHALL NOT PRECLUDE MEMBERS OF THE LEGISLATURE FROM
COLLABORATING WITH EACH OTHER IN THE SELECTION OF MEMBER ITEMS AND PACK-
AGING THEIR INDIVIDUAL MEMBER ITEM ALLOCATIONS TOGETHER WITH OTHER
MEMBER'S ALLOCATIONS FOR SPECIFIED REGIONAL OR JOINT PROJECTS.
S 3. Section 99-d of the state finance law, as added by chapter 474 of
the laws of 1996, is renumbered section 99-u and the section heading and
subdivision 1, subdivision 1 as amended by section 2 of part BB of chap-
ter 686 of the laws of 2003, are amended to read as follows:
[Community] LEGISLATIVE COMMUNITY projects fund. 1. There is hereby
established in the joint custody of the comptroller and the commissioner
of taxation and finance a special fund to be known as the LEGISLATIVE
community projects fund. This fund may have separate accounts designated
pursuant to a specific appropriation to such account or pursuant to a
written suballocation plan approved in a memorandum of understanding
executed by the director of the budget, the secretary of the senate
finance committee and the secretary of the assembly ways and means
committee. Such suballocation shall be submitted to the comptroller.
S 4. The state finance law is amended by adding a new section 99-v to
read as follows:
S 99-V. EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF

S. 1681--A 5

TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
NITY PROJECTS FUND. THIS FUND MAY HAVE SEPARATE ACCOUNTS DESIGNATED
PURSUANT TO A SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR PURSUANT TO A
WRITTEN SUBALLOCATION PLAN APPROVED IN A MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DIRECTOR OF THE BUDGET, THE SECRETARY OF THE SENATE
FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER.
2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE
GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO BE
TRANSFERRED OR DEPOSITED. MONIES MAY NOT BE TRANSFERRED OR LOANED
BETWEEN THE ACCOUNTS OF THIS FUND, UNLESS SPECIFICALLY OTHERWISE
PROVIDED BY LETTER SIGNED BY THE DIRECTOR OF THE BUDGET, BUT ONLY UPON
THE JOINT REQUEST OF THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND
THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
3. (A) AS REQUIRED TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON
PRESENTMENT OF PROPER VOUCHERS THEREFOR, THE STATE COMPTROLLER SHALL
MAKE TRANSFERS TO ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY
SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE WITH SUBDIVI-
SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO
PROVIDE SUCH TRANSFERS.
(B) BY THE CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET
TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED ACCOUNTS FOR WHICH
SUCH TRANSFERS WERE AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR
TRANSFER TO EACH ACCOUNT IN EACH FISCAL YEAR AND IN COMPLIANCE WITH
SUBDIVISION TWO OF THIS SECTION.
4. NOTWITHSTANDING SECTION FORTY OF THIS CHAPTER OR ANY OTHER
PROVISION OF LAW, APPROPRIATIONS OF THIS FUND SHALL BE AVAILABLE FOR
LIABILITIES INCURRED DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR
WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO-
PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF SEPTEMBER FOLLOWING THE
CLOSE OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF
THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
5. THE DIRECTOR OF THE BUDGET SHALL ISSUE A CERTIFICATE OF APPROVAL
FOR ANY APPROPRIATION IN ANY ACCOUNT OF THIS FUND NO LATER THAN THE
LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH APPROPRIATION OR FIVE
DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. SUCH APPROVAL SHALL
SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL.
6. (A) THE STATE SHALL NOT BE LIABLE FOR PAYMENTS PURSUANT TO ANY
CONTRACT, GRANT OR AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY
ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE FOR TRANSFER
TO SUCH ACCOUNT OF THIS FUND, AFTER REQUIRED TRANSFERS PURSUANT TO
SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH RESPECT TO, GRANTS, OR
AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
TION, COMMISSION, BOARD, OR OTHER AGENCY OF THE STATE PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT OR AGREEMENT MADE
PURSUANT TO AN APPROPRIATION IN THIS FUND SHALL INCORPORATE THIS
PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT.
(B) THE EXHAUSTION OF FUNDS AVAILABLE FOR SUCH TRANSFERS SHALL NOT
PRECLUDE THE APPROVAL OF CONTRACTS HEREUNDER PURSUANT TO SECTION ONE
HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, INTEREST SHALL NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS
MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES BEING AVAIL-
ABLE IN AN ACCOUNT OF THIS FUND.

S. 1681--A 6

7. MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE HEAD
OF THE APPROPRIATE AGENCY.
S 5. This act does not preclude either house of the legislature or the
governor from adopting more stringent standards through its own guide-
lines or through the application process.
S 6. Member item grants shall continue to be subject to review by the
respective assembly and senate fiscal and counsel staffs, division of
the budget, the administering state agency, the office of the state
comptroller, and the office of the attorney general. Nothing in this act
shall limit the authority of the state comptroller and the attorney
general to review member item grant recipients or member item grants.
S 7. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.